ACTUAL COMPREHENSIVE FREQUENTLY MOST
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Why is dissent not published in the concentrated review model
found in civil law
systems? - ANSWER -- need for clarity of decisions so
ordinary courts can
know how to apply
the law
- will sound more united if the const. court does not
publish dissent
Why is dissent useful in the diffuse review model found in
common law systems? - ANSWER -- provides a summary of
arguments made on the other side, in order to help lower court
judges interpret when they exercise their power of judicial
review
What happens after a const. court strikes down a law as
unconstitutional in the Civil Law system? - ANSWER -- the law
is abolished, legislative must re-write and go through the
corrective revision process - fine balance between the
legislature and the court
,What happens after a const. court strikes down a law as
unconstitutional in the Common Law system? - ANSWER -- is
in the context of a case, therefore cannot be eliminated but the
law cannot be applied in a way it has previously been applied
- Supreme Court's decision is about a particular case
What kind of courts are least accessible to societal actors? -
ANSWER -- where
only office holders have
standing
- where the courts can intervene at only one point in the
legislative process
What kind of courts are most accessible to societal actors? -
ANSWER -- where the courts can be accessed by a whole
number of diff. actors
- where the courts can be accessed at different points in the
legislative process
- becomes a locust for societal interest
- more relevant to the political process
When did the Russian const. court first assert itself as a
political actor? - ANSWER -- centre of the most fundamental
disputes of Russian disputes - '93 the executive president
(Yeltsin) who was pursing reforms away from the command
economy
- vs the communist party
- zero-sum battle ensued
,Who has rule of standing in the Russian const. court? -
ANSWER -- Federal
institutions
- regional
governors
- parliamentary
minorities
- the ordinary judiciary can also access
the CC
Is there an individual complaint option in the Russian const.
court? - ANSWER -
YES
Jurisdiction of Russian const. court - ANSWER --
A posteriory
- binding statutory
interpretation powers
- can engage in const.
interpretation
- sua sponte power was taken away in the
2nd court
Hierarchy between judges in the bureaucratic judiciary? -
ANSWER -- very
strong hierarchy (formal and competitve
career ladder)
, How independent are the judges within the bureaucratic
judiciary? - ANSWER --
level of internal independence is very low because lower
court judges care
about how they are perceived in order to be
promoted
Name the 3 relationships the public prosecutor can have with
other institutions -
ANSWER -(1) subordinate to exec- controlled by the minister of
justice
(2) part of judicial branch- they are magistrates aka judges
and have the same independence
(3) independent- is accountable to the legislature, usually in a
unitary organization
Principle of opportunity vs principle of compulsory prosecution
- ANSWER OPP- PP open their cases at their full discretion, not
only based on their subjective estimation of how much
evidence there is, but also on criminal justice concerns
COMPULSORY- PP supposedly do not have any discretion in
which cases they open and they let go
Principle of compulsory prosecution for public prosecutors
- ANSWER -- no
discretion in opening/letting go
of cases
- dont have to justify why they
press cases